§ 2943. Petition for referendum or ordinance proposing amendment.
(a) Filing.--A petition containing a proposal for referendum on the question of amending a home
rule charter or an optional plan of government signed by electors comprising 10% of
the number of electors voting for the office of Governor in the last gubernatorial
general election in the municipality or an ordinance of the municipal governing body
proposing amendment of a home rule charter or an optional plan shall be filed with
the election officials not later than the 13th Tuesday prior to the next primary,
municipal or general election. The petition and the proceedings therein shall be in
the manner and subject to the provisions of the election laws which relate to the
signing, filing and adjudication of nomination petitions insofar as such provisions
are applicable, except that no referendum petition shall be signed or circulated prior
to the 20th Tuesday before the election nor later than the 13th Tuesday before the
election. The name and address of the person filing the petition shall be clearly
stated on the petition.
(b) Review and disposition of petition.--The election officials shall review the initiative petition as to the number and qualifications
of signers. If the petition appears to be defective, the election officials shall
immediately notify the persons filing the petition of the defect. When the election
officials find that the petition as submitted is in proper order, they shall send
copies of the initiative petition without signatures thereon to the governing body
and to the Department of Community and Economic Development. The initiative petition
as submitted to the election officials, along with a list of signatories, shall be
open to inspection in the office of the election officials.
(May 5, 1998, P.L.301, No.50, eff. 60 days)
1998 Amendment. Act 50 amended subsec. (b).
Cross References. Section 2943 is referred to in sections 3004, 3054, 3056, 3073, 3094, 3163, 3171 of
this title.
Notes of Decisions
In Re Petition for Agenda Initiative, 821 A.2d 203 (Pa. Commw. Ct. 2003).
· cites it 2× “The court determined that any amendment to the Charter through voter referendum must follow the procedure set forth in the Home Rule Charter Law, and neither Section 2943 of the Law, 53 Pa.C.S. § 2943, nor Section 2944, 53 Pa.”
In re Referendum Petition to Amend the City of Pittsburgh Home Rule Charter, 694 A.2d 1128 (Pa. Commw. Ct. 1997).
“See 53 Pa.C.S. § 2943. . Hynes objected on the following grounds: (1) certain signers were not valid registered electors in the City; (2) certain signers do not reside in the City; (3) certain signatures were printed and do not conform with the signatures on the voter…”
Pilchesky v. Lackawanna Cnty., 88 A.3d 954 (Pa. 2014).
“53 Pa.C.S. § 2943. § 2944. Time and manner of submission of question A referendum on the question of the amendment of a home rule charter or an optional plan of government shall be held when the election officials find that the initiative petition or ordinance of the governing…”
City of Pittsburgh v. Cnty. of Allegheny, 861 A.2d 881 (Pa. 2004).
· cites it 2× “” 53 Pa.C.S. § 2943(a). Section 976 of the Pennsylvania Election Code provides that no nomination petition “shall be permitted to be filed if: (a) it contains material errors or defects apparent on the face thereof .”
City of Pittsburgh v. Cnty. of Allegheny, 860 A.2d 616 (Pa. Commw. Ct. 2004).
“” 53 Pa.C.S. § 2943(a). Section 976 of the Pennsylvania Election Code, 4 in turn, provides that *619 no nomination petition “shall be permitted to be filed if (a) it contains material errors or defects apparent on the face thereof .”
Openpittsburgh.org v. Defazio (W.D. Pa. 2021).
“Second, the Commonwealth argues that because the General Assembly did not include the word “circulation” within the text of 53 Pa. C.S. § 2943(a), it did not intend § 2869 to apply.”
— 53 Pa. Cons. Stat. § 2943(a) — 3 cases
City of Pittsburgh v. Cnty. of Allegheny, 861 A.2d 881 (Pa. 2004).
“” 53 Pa.C.S. § 2943(a). Section 976 of the Pennsylvania Election Code provides that no nomination petition “shall be permitted to be filed if: (a) it contains material errors or defects apparent on the face thereof .”
City of Pittsburgh v. Cnty. of Allegheny, 860 A.2d 616 (Pa. Commw. Ct. 2004).
“” 53 Pa.C.S. § 2943(a). Section 976 of the Pennsylvania Election Code, 4 in turn, provides that *619 no nomination petition “shall be permitted to be filed if (a) it contains material errors or defects apparent on the face thereof .”
Openpittsburgh.org v. Defazio (W.D. Pa. 2021).
“Second, the Commonwealth argues that because the General Assembly did not include the word “circulation” within the text of 53 Pa. C.S. § 2943(a), it did not intend § 2869 to apply.”
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